Honda Accord (Eighth Generation) Brake-Wear Class Action Lawsuit

Honda Accord (Eighth Generation) Brake-Wear Class Action

The Honda Accord brake-wear class action is a U.S. consumer products case concerning the eighth-generation North American Honda Accord and its closely related Acura TSX sibling. The litigation alleged that a defect in the braking system caused the vehicles' rear brake pads to wear out far faster than normal, forcing owners to pay for repeat pad replacements. The class action was filed in September 2009 and concluded with a court-approved settlement in 2010, with final approval granted in July 2010.

Product and manufacturer

Honda is the Japanese automaker behind the Accord, one of its longest-running mid-size sedan nameplates in North America. The eighth-generation North American Accord was introduced in August 2007 for the 2008 model year and was sold as both a four-door sedan and a two-door coupe. The cars were offered with a 2.4-liter four-cylinder engine or a 3.5-liter V6, the latter using Honda's Variable Cylinder Management system to shut down cylinders under light load. The North American four-cylinder and V6 Accords were assembled at Honda's Marysville Auto Plant in Ohio, and beginning in mid-2009 the majority of V6 sedan production moved to Honda's plant in Lincoln, Alabama. A smaller European-market Accord is sold in North America under Honda's Acura marque as the second-generation Acura TSX, sharing the platform with the eighth-generation Accord. The generation was sold through the early 2010s, with a facelifted version appearing for the 2011 model year and a crossover fastback variant marketed as the Accord Crosstour.

The alleged defect and the harm

Owners of 2008, 2009, and certain 2010 model year Honda Accord vehicles, as well as 2009 and certain 2010 model year Acura TSX vehicles, reported that their rear brake pads wore out far faster than expected, requiring replacement on the order of every 15,000 to 20,000 miles. The class action alleged that the braking system on these vehicles suffered a defect that applied excessive force to the rear wheels and that one consequence of the defect was this accelerated rear pad wear, far more frequent than in a properly functioning braking system. The practical harm for owners was the recurring cost and inconvenience of out-of-pocket brake pad replacement at a fraction of the interval at which a normally functioning system would wear its pads.

Litigation and outcome

The class action was filed in September 2009, bringing together owners and lessees of the affected Accord and TSX vehicles. The parties worked toward a resolution without a trial, and in April 2010 Honda agreed to a preliminary settlement. Under its terms, Honda would reimburse owners for a portion of their prior out-of-pocket brake repair expenses and would pay for owners to have redesigned brake pads installed on qualifying vehicles, up to a capped amount per vehicle. The court gave final approval of the settlement on July 29, 2010, closing the case. It is recorded as resolved by settlement in 2010.